I

103D CONGRESS

2D SESSION H. R. 5180

To reform the child support enforcement system in order to maximize collections of child support payments on behalf of poor children in the United

States.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 5, 1994

Mr. ANDREWS of New Jersey introduced the following bill; which was referred

jointly to the Committees on Ways and Means, the Judiciary, and Banking, Finance and Urban Affairs

A BILL

To reform the child support enforcement system in order

to maximize collections of child support payments on

behalf of poor children in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Support Enforce5 ment Reform Act of 1994’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.
2

•HR 5180 IH

TITLE I—EXPANDING COLLECTOR ACCESS TO INFORMATION

Sec. 101. Expansion of functions of Federal parent locator service.

Sec. 102. Expansion of databases accessed by parent locator systems.

Sec. 103. Expansion of access to national network for location of parents.

Sec. 104. Private access to locate and enforcement services.

Sec. 105. National reporting of new hires and child support information.

Sec. 106. Access to law enforcement records systems.

Sec. 107. Broadcasting of warrants on State networks.

Sec. 108. Access to financial records.

TITLE II—NATIONAL RECOGNITION OF CHILD SUPPORT ORDERS

Sec. 201. Interstate recognition of child support and parentage orders.

Sec. 202. Service of process on Federal employees and members of the armed

services in connection with proceedings relating to child support and parentage obligations.

Sec. 203. Presumed address of obligor and obligee.

Sec. 204. Notice to custodial parents.

Sec. 205. Uniform State rules in parentage and child support cases.

Sec. 206. Fair Credit Reporting Act amendment.

Sec. 207. Guideline principles.

Sec. 208. UIFSA endorsement.

Sec. 209. Uniform terms in orders.

TITLE III—COST SHARING AND COLLECTIONS DISBURSEMENTS

Sec. 301. New system for determining cost sharing and disbursement of collected child support.

Sec. 302. Provision of child support enforcement services to families whose income exceeds 200 percent of the poverty line.

TITLE IV—ACCOUNTING AND REVIEWS

Sec. 401. Accounting.

Sec. 402. Reviews.

TITLE V—EFFECTIVE DATE

Sec. 501. Effective date.

1 TITLE I—EXPANDING COLLEC2 TOR ACCESS TO INFORMA3 TION

4 SEC. 101. EXPANSION OF FUNCTIONS OF FEDERAL PARENT

5 LOCATOR SERVICE.

6 Section 453 of the Social Security Act (42 U.S.C.

7 653) is amended—
3

•HR 5180 IH

1 (1) in subsection (a), by striking ‘‘enforcing

2 support obligations against such parent’’ and insert3 ing ‘‘establishing parentage, establishing, modifying,

4 and enforcing child support obligations, and enforc5 ing child visitation rights and responsibilities, and

6 which shall use safeguards to prevent the disclosure

7 of information in cases that would jeopardize the

8 safety of the custodial parent or any child of the

9 custodial parent’’;

10 (2) in subsection (b), by inserting after the 2nd

11 sentence the following: ‘‘Information with respect to

12 an absent parent shall not be disclosed to any person

13 if the disclosure would jeopardize the safety of the

14 custodial parent or any child of the custodial parent.

15 Information with respect to an absent parent shall

16 not be disclosed to any person (other than the custo17 dial parent) unless the custodial parent has been no18 tified in advance of the disclosure.’’; and

19 (3) in subsection (d), by inserting ‘‘and such

20 reasonable fees’’ after ‘‘such documents’’.

21 SEC. 102. EXPANSION OF DATABASES ACCESSED BY PAR22 ENT LOCATOR SYSTEMS.

23 (a) ADDITIONAL INFORMATION FOR FEDERAL PAR24 ENT LOCATOR SERVICE.—Section 453 of the Social Secu25 rity Act (42 U.S.C. 653) is amended—
4

•HR 5180 IH

1 (1) in subsection (b), by striking ‘‘the most re2 cent address and place of employment’’ and insert3 ing ‘‘the most recent residential address, employer

4 name and address, and amounts and nature of in5 come and assets’’;

6 (2) in subsection (c)(3), by striking ‘‘the resi7 dent parent’’ and inserting ‘‘either parent’’; and

8 (3) in subsection (e), by adding at the end the

9 following:

10 ‘‘(4) The Secretary of the Treasury shall enter into

11 an agreement with the Secretary to provide prompt access

12 by the Secretary (in accordance with this subsection and

13 section 6103(l)(6) of the Internal Revenue Code of 1986)

14 to the quarterly estimated Federal income tax returns

15 filed by individuals with the Internal Revenue Service.’’.

16 (b) FEDERAL INCOME TAX RETURN INFORMA17 TION.—

18 (1) IN GENERAL.—Subparagraph (A) of section

19 6103(l)(8) of the Internal Revenue Code of 1986

20 (relating to disclosure of certain return information

21 by Social Security Administration to State and local

22 child support enforcement agencies) is amended by

23 inserting ‘‘the Federal Parent Locator Service or of’’

24 before ‘‘a State or local’’.

25 (2) CONFORMING AMENDMENTS.—
5

•HR 5180 IH

1 (A) Subparagraph (B) of section

2 6103(l)(8) of such Code is amended by insert3 ing ‘‘in the case of disclosure to a State or local

4 child support enforcement agency,’’ after ‘‘pre5 ceding sentence,’’.

6 (B) The heading for paragraph (8) of sec7 tion 6103(l) of such Code is amended by strik8 ing ‘‘STATE AND LOCAL’’.

9 (c) STATE INFORMATION.—Section 466(a) of the So10 cial Security Act (42 U.S.C. 666(a)) is amended by insert11 ing after paragraph (11) the following:

12 ‘‘(12) Procedures under which the State child

13 support enforcement agency shall have automated

14 on-line or batch access (or, if necessary,

15 nonautomated access) to information regarding resi16 dential addresses, employers and employer address17 es, income and assets, and medical insurance bene18 fits with respect to absent parents that is available

19 through any database maintained by—

20 ‘‘(A) any agency of the State or any politi21 cal subdivision thereof, that contains informa22 tion on residential addresses, or on employers

23 and employer addresses, as the State deems ap24 propriate;
6

•HR 5180 IH

1 ‘‘(B) any publicly regulated utility com2 pany located in the State;

3 ‘‘(C) any credit reporting agency located in

4 the State; and

5 ‘‘(D) any trade or labor union located in

6 the State.

7 ‘‘(13) Procedures under which the State child

8 support enforcement agency shall—

9 ‘‘(A) maintain a child support order reg10 istry which shall include each child support

11 order (or an abstract thereof) issued or modi12 fied in the State on or after the effective date

13 of this paragraph; and

14 ‘‘(B) transmit electronically to the Office

15 of Child Support Enforcement an abstract of

16 each such order, containing such information

17 and in such form as the Secretary may pre18 scribe pursuant to section 452(a)(11).’’.

19 (d) FEDERAL REGISTRY OF ABSTRACTS OF CHILD

20 SUPPORT ORDERS.—Section 452(a) of the Social Security

21 Act (42 U.S.C. 652(a)), as amended by section 209(a) of

22 this Act, is amended—

23 (1) in paragraph (10), by striking ‘‘and’’ after

24 the semicolon;
7

•HR 5180 IH

1 (2) in paragraph (11), by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(12) maintain a registry of all child support

5 order abstracts received from States pursuant to

6 section 466(a)(13)(B).’’.

7 (e) STUDY.—The Secretary of Health and Human

8 Services shall conduct a study of the databases in the Fed9 eral Government (other than the databases accessed

10 through the amendments made by this section) which may

11 assist the Federal Parent Locator Service in locating indi12 viduals owing child support obligations. The report of such

13 study shall be submitted to the Congress not later than

14 January 31, 1995.

15 SEC. 103. EXPANSION OF ACCESS TO NATIONAL NETWORK

16 FOR LOCATION OF PARENTS.

17 (a) IN GENERAL.—Section 453 of the Social Security

18 Act (42 U.S.C. 653) is amended by adding at the end the

19 following:

20 ‘‘(g) The Secretary shall expand the Parent Locator

21 Service to establish a national network based on the com22 prehensive statewide child support enforcement systems

23 developed by the States, to—

24 ‘‘(1) allow each State to—
8

•HR 5180 IH

1 ‘‘(A) locate any absent parent who owes

2 child support, for whom a child support obliga3 tion is being established, or for whom an order

4 for visitation is being enforced, by—

5 ‘‘(i) accessing the records of other

6 State agencies and sources of locate infor7 mation directly from one computer system

8 to another; and

9 ‘‘(ii) accessing Federal sources of lo10 cate information in the same fashion;

11 ‘‘(B) access the files of other States to de12 termine whether there are other child support

13 orders and obtain the details of those orders;

14 ‘‘(C) provide for both on-line and batch

15 processing of locate requests, with on-line ac16 cess restricted to cases in which the information

17 is needed immediately (for such reasons as

18 court appearances) and batch processing used

19 to ‘troll’ databases to locate individuals or up20 date information periodically; and

21 ‘‘(D) direct locate requests to individual

22 States or Federal agencies, broadcast requests

23 to selected States, or broadcast cases to all

24 States when there is no indication of the source

25 of needed information;
9

•HR 5180 IH

1 ‘‘(2) provide for a maximum of 48-hour turn2 around time for information to be broadcast and re3 turned to a requesting State;

4 ‘‘(3) provide ready access to courts of the infor5 mation on the network by location of a computer

6 terminal in each court; and

7 ‘‘(4) access the registry of child support orders

8 required to be maintained by States pursuant to sec9 tion 466(a)(13).’’.

10 (b) EXPANDED STATE INTERACTION WITH NA11 TIONAL NETWORK.—Section 454(16) (42 U.S.C.

12 654(16)) is amended—

13 (1) by striking ‘‘and (E)’’ and inserting ‘‘(E)’’;

14 and

15 (2) by striking ‘‘enforcement;’’ and inserting

16 ‘‘enforcement, and (F) to provide access to the na17 tional network developed pursuant to section

18 453(g);’’.

19 SEC. 104. PRIVATE ACCESS TO LOCATE AND ENFORCEMENT

20 SERVICES.

21 Section 466(a) of the Social Security Act (42 U.S.C.

22 666(a)), as amended by section 102(c) of this Act, is

23 amended by inserting after paragraph (13) the following:

24 ‘‘(14)(A) Procedures under which private attor25 neys and pro se obligees must (in accordance with
10

•HR 5180 IH

1 regulations prescribed by the Secretary in consulta2 tion with the Attorney General of the United States)

3 be given access to State locate resources and

4 through enforcement techniques of the State child

5 support enforcement agency, for the purpose of es6 tablishing, modifying, and enforcing child support,

7 visitation, and parentage orders in accordance with

8 safeguards established by the Secretary in regula9 tions—

10 ‘‘(i) to provide the custodial parent ad11 vance notice of any release of information with

12 respect to a noncustodial parent; and

13 ‘‘(ii) to prevent release of information with

14 respect to a noncustodial parent if the release

15 may jeopardize the safety of the noncustodial

16 parent, the custodial parent, or any child of ei17 ther parent.

18 ‘‘(B) The procedures described in subparagraph

19 (A) must, if the State provides for reasonable fees

20 for the access referred to in subparagraph (A), re21 quire the State to establish such fees in accordance

22 with guidelines developed and published by the State

23 that set schedules for such fees.’’.
11

•HR 5180 IH

1 SEC. 105. NATIONAL REPORTING OF NEW HIRES AND CHILD

2 SUPPORT INFORMATION.

3 (a) FEDERAL IMPLEMENTATION OF SYSTEM.—

4 (1) IN GENERAL.—The Secretary of the Treas5 ury, in consultation with the Secretary of Labor,

6 shall establish a system of reporting of new employ7 ees by requiring employers to provide a copy of every

8 new employee’s W–4 form to the employment secu9 rity agency of the State in which the employment is

10 located.

11 (2) EXPANDED USE OF FORM.—The Secretary

12 of the Treasury shall modify the W–4 form to be

13 completed by a new employee to enable the employee

14 to indicate on the form—

15 (A) whether the employee owes child sup16 port, and if so—

17 (i) to whom the support is payable

18 and the amount of the support payable;

19 and

20 (ii) whether the support is to be paid

21 through wage withholding; and

22 (B) whether health care insurance is avail23 able to the new employee, and, if so, whether

24 the new employee has obtained such insurance

25 for the dependent children of the new employee.

26 (3) EMPLOYER WITHHOLDING OBLIGATION.—
12

•HR 5180 IH

1 (A) IN GENERAL.—Subtitle C of the Inter2 nal Revenue Code of 1986 (relating to employ3 ment taxes) is amended by inserting after chap4 ter 24 the following new chapter:

5 ‘‘CHAPTER 24A—COLLECTION OF CHILD

6 SUPPORT OBLIGATIONS AT SOURCE

7 ON WAGES

‘‘Sec. 3411. Child support obligations collected at source.

8 ‘‘SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT

9 SOURCE.

10 ‘‘(a) REQUIREMENT OF WITHHOLDING.—Every em11 ployer making payment of wages shall deduct and with12 hold upon such wages a specified child support obligation

13 amount.

14 ‘‘(b) SPECIFIED CHILD SUPPORT OBLIGATION

15 AMOUNT.—For purposes of this chapter, the specified

16 child support obligation amount with respect to any em17 ployee shall be determined based on—

18 ‘‘(1) information provided by the employee, or

19 (if an agency of the State in which the employer is

20 located notifies the employer that such information

21 is inaccurate) information provided by the agency;

22 and
13

•HR 5180 IH

1 ‘‘(2) information contained in any wage with2 holding order received by the employer from any

3 State.

4 ‘‘(c) LIABILITY FOR PAYMENT.—The employer shall

5 be liable for the payment of the specified child support

6 obligation amount to the payee identified by the employee.

7 ‘‘(d) SPECIAL RULES.—For purposes of this chapter

8 (and so much of subtitle F as relates to this chapter), any

9 specified child support obligation amount shall be treated

10 as if it were a tax withheld under chapter 24 and rules

11 similar to the rules of such chapter shall apply.’’

12 (B) CLERICAL AMENDMENT.—The table of

13 chapters of subtitle C of the Internal Revenue

14 Code of 1986 is amended by inserting after the

15 item relating to chapter 24 the following new

16 item:

‘‘CHAPTER 24A. Child support obligations collected at source.’’

17 (4) WITHHELD CHILD SUPPORT OBLIGATIONS

18 REPORTED ON W–2 FORMS.—Subsection (a) of sec19 tion 6051 of the Internal Revenue Code of 1986 (re20 lating to receipts for employees) is amended by

21 striking ‘‘and’’ at the end of paragraph (8), by strik22 ing the period at the end of paragraph (9) and in23 serting ‘‘, and’’, and by inserting after paragraph

24 (9) the following new paragraph:
14

•HR 5180 IH

1 ‘‘(10) the total amount of specified child sup2 port obligations withheld under section 3411.’’

3 (b) STATE IMPLEMENTATION OF SYSTEM.—Section

4 466(a) of the Social Security Act (42 U.S.C. 666(a)), as

5 amended by sections 102(c) and 104 of this Act, is amend6 ed by inserting after paragraph (14) the following:

7 ‘‘(15) Procedures under which the State shall—

8 ‘‘(A) use the Parent Locator Service estab9 lished under section 453 to access information

10 in the national registry of child support orders

11 maintained pursuant to section 452(a)(12) with

12 respect to new employee, compare such infor13 mation with the information reported on W–4

14 forms of new employees, and identify child sup15 port obligations not reported on such forms;

16 ‘‘(B) if child support information from the

17 W–4 form of a new employee agrees with infor18 mation with respect to the new employee in the

19 national registry of child support orders main20 tained pursuant to section 452(a)(12), notify

21 the individual owed the support (or the individ22 ual’s designee) of such information;

23 ‘‘(C) notify an employer of any new em24 ployee who has not reported on the W–4 form

25 a child support obligation of the new employee;
15

•HR 5180 IH

1 ‘‘(D) impose monetary penalties on—

2 ‘‘(i) any individual who owes child

3 support and fails to report the obligation

4 to provide the support on a Federal income

5 tax W–4 form at time of employment;

6 ‘‘(ii) any employer who fails to for7 ward a W–4 form for a new employee to

8 the State employment security agency

9 within 10 calendar days of the date of the

10 first payroll from which the new employee

11 is paid; and

12 ‘‘(iii) any employer who fails to with13 hold from the pay of any new employee

14 who reports a child support obligation on

15 a W–4 form an amount equal to the sup16 port owed, or fails to pay to the individual

17 owed the obligation the amount so with18 held, within 10 calendar days of the date

19 of the payroll, using electronic funds trans20 fer, if possible, unless otherwise notified by

21 a State agency;

22 ‘‘(E) provide the services described in this

23 paragraph to any individual owed child support

24 who applies for assistance under the State plan;

25 and
16

•HR 5180 IH

1 ‘‘(F) on request of another State, broad2 cast over the Parent Locator Service to such

3 other State child support information from

4 W–4 forms that have been sent to the State

5 employment security agency.’’.

6 SEC. 106. ACCESS TO LAW ENFORCEMENT RECORDS SYS7 TEMS.

8 (a) ACCESS BY CHILD SUPPORT ENFORCEMENT

9 AGENCIES.—The head of the National Criminal Informa10 tion Center, the head of the National Law Enforcement

11 Telecommunications Network, and the head of any other

12 national or regional system for tracking individuals shall

13 each—

14 (1) allow Federal, State, and local child support

15 enforcement agencies access to the information of

16 the system for purposes of establishing paternity or

17 a child support obligation of an individual tracked

18 by the system, using appropriate safeguards to pre19 vent improper release of such information; and

20 (2) if an access code is required to gain such

21 access, provide the access code to each child support

22 enforcement agency that applies for the code.

23 (b) LOSS OF FEDERAL FUNDING.—A non-Federal

24 system for tracking individuals that fails to comply with
17

•HR 5180 IH

1 paragraphs (1) and (2) of subsection (a) shall not be eligi2 ble to receive Federal funding for the system.

3 SEC. 107. BROADCASTING OF WARRANTS ON STATE NET4 WORKS.

5 Section 466(a) of the Social Security Act (42 U.S.C.

6 666(a)), as amended by sections 102(c), 104, and 105(b)

7 of this Act, is amended by inserting after paragraph (15)

8 the following:

9 ‘‘(16) Procedures under which the State—

10 ‘‘(A) shall broadcast on any State or local

11 crime information system each failure-to-appear

12 warrant, capias, and bench warrant issued by a

13 State court in any proceeding related to child

14 support; and

15 ‘‘(B) shall, in a criminal case, remit to any

16 individual to whom the defendant owes child

17 support any security posted by or on behalf of

18 the defendant and forfeited, to the extent of

19 any arrearage in the payment of the support.’’.

20 SEC. 108. ACCESS TO FINANCIAL RECORDS.

21 Section 466(a) of the Social Security Act (42 U.S.C.

22 666(a)), as amended by sections 102(c), 104, 105(b), and

23 107 of this Act, is amended by inserting after paragraph

24 (16) the following:
18

•HR 5180 IH

1 ‘‘(17) Procedures under which the State may

2 obtain access to financial records maintained with

3 respect to any person by any financial institution

4 doing business in the State, for the purpose of estab5 lishing or enforcing a child support obligation of the

6 person.’’.

7 TITLE II—NATIONAL RECOGNI8 TION OF CHILD SUPPORT OR9 DERS

10 SEC. 201. INTERSTATE RECOGNITION OF CHILD SUPPORT

11 AND PARENTAGE ORDERS.

12 (a) IN GENERAL.—Chapter 115 of title 28, United

13 States Code, is amended by inserting after section 1738A

14 the following:

15 ‘‘§ 1738B. Full faith and credit to child support and

16 parentage orders

17 ‘‘(a) DEFINITIONS.—As used in this section:

18 ‘‘(1) The term ‘child’ means any individual who

19 has not attained the age of 18 years, and any indi20 vidual who has attained the age of 18 years for

21 whom a child support order has been issued pursu22 ant to the laws of a State.

23 ‘‘(2) The term ‘child support’ includes periodic

24 and lump-sum payments for current and past due

25 economic support, payments of premiums for health
19

•HR 5180 IH

1 insurance for children, payments for or provision of

2 child care, and payments for educational expenses.

3 ‘‘(3) The term ‘child support order’ means a

4 judgment, decree or order of a court requiring the

5 payment of money, whether in periodic amounts or

6 lump sum, for the support of a child and includes

7 permanent and temporary orders, initial orders and

8 modifications, ongoing support and arrearages.

9 ‘‘(4) The term ‘child’s State’ means, with re10 spect to a child, the State in which the child resides

11 with a parent or an individual acting as a parent.

12 ‘‘(5) The term ‘contestant’ means an individual,

13 including a parent, who claims a right to receive

14 child support or is under an order to pay child sup15 port, and includes States and political subdivisions

16 to which support rights have been assigned.

17 ‘‘(6) The term ‘court’ means a court, adminis18 trative process, or quasijudicial process of a State

19 that is authorized to—

20 ‘‘(A) adjudicate parentage;

21 ‘‘(B) establish the amount of support pay22 able by a contestant; or

23 ‘‘(C) modify the amount of support pay24 able by a contestant.
20

•HR 5180 IH

1 ‘‘(7) The term ‘home State’ means, with respect

2 to a child, the State in which, immediately preceding

3 the time involved, the child lived with his or her par4 ents, a parent, or an individual acting as parent, for

5 at least 6 consecutive months (including any periods

6 of temporary absence), and if the child has not at7 tained the age of 6 months, the State in which the

8 child lived from birth with any of such individuals.

9 ‘‘(8) The term ‘individual acting as a parent’

10 means an individual, other than a parent, who has

11 physical custody of a child and who has either been

12 awarded custody by a court or claims a right to cus13 tody.

14 ‘‘(9) The terms ‘modification’ and ‘modify’ refer

15 to a change in a child support order or an order ad16 judicating parentage that modifies, replaces, super17 sedes, or otherwise is made subsequent to such prior

18 order, whether or not made by the same court that

19 issued such prior order.

20 ‘‘(10) The term ‘State’ means a State of the

21 United States, the District of Columbia, the Com22 monwealth of Puerto Rico, a territory or possession

23 of the United States, and Indian country as defined

24 in section 1151 of title 18, United States Code.
21

•HR 5180 IH

1 ‘‘(b) FULL FAITH AND CREDIT.—The courts of each

2 State shall recognize and enforce according to its terms

3 a child support order or an order adjudicating parentage

4 against an individual over whom personal jurisdiction has

5 been exercised consistent with this section, and shall not

6 modify such an order except as provided in subsection (f).

7 ‘‘(c) BASES OF JURISDICTION.—A court of a State

8 may exercise personal jurisdiction over a nonresident con9 testant if there is any basis consistent with the constitu10 tion of the State and the Constitution of the United States

11 for the exercise.

12 ‘‘(d) CONTINUING EXCLUSIVE JURISDICTION.—A

13 court of a State which has issued a child support order

14 or an order adjudicating parentage consistent with this

15 section shall have continuing, exclusive jurisdiction of the

16 order for so long as the State remains the child’s State

17 or the residence of any contestant, unless another State,

18 acting in accordance with subsection (f), has modified the

19 order.

20 ‘‘(e) NOTICE AND HEARING.—Before a court of a

21 State makes a child support order or adjudicates parent22 age, reasonable notice and opportunity to be heard shall

23 be given to the contestants.
22

•HR 5180 IH

1 ‘‘(f) MODIFICATION.—A court of a State may modify

2 a child support order or an order adjudicating parentage

3 issued by a court of another State if—

4 ‘‘(1) each contestant has filed written consent

5 for the court of the State to modify the order and

6 assume continuing, exclusive jurisdiction of the

7 order; and

8 ‘‘(2) the court of the State otherwise has juris9 diction to issue such an order.

10 ‘‘(g) ENFORCEMENT OF PRIOR ORDERS.—A court of

11 a State which no longer has continuing, exclusive jurisdic12 tion of a child support order or an order adjudicating par13 entage may enforce the order with respect to unsatisfied

14 obligations which accrued before the date the order is

15 modified in accordance with subsection (f).

16 ‘‘(h) WITHHOLDING EXERCISE OF JURISDICTION.—

17 A court of a State shall not exercise jurisdiction in any

18 proceeding for a child support order or an adjudication

19 of parentage commenced during the pendency of a pro20 ceeding in a court of another State when the court of the

21 other State is exercising jurisdiction consistent with this

22 section unless—

23 ‘‘(1) the proceeding was filed in the State be24 fore the expiration of time allowed in the other State
23

•HR 5180 IH

1 for filing a responsive pleading challenging the exer2 cise of jurisdiction by the other State;

3 ‘‘(2) the contesting party timely challenges the

4 exercise of jurisdiction by the other State; and

5 ‘‘(3) if applicable, the court is in the home

6 State of the child.

7 ‘‘(i) CHOICE OF LAW.—(1) Except as provided in

8 paragraphs (2) and (3), the forum State’s law shall apply

9 in a proceeding to establish, modify, or enforce a child

10 support order or an order adjudicating parentage.

11 ‘‘(2) The courts of a State shall apply the law of the

12 State that issued a child support order or an order adju13 dicating parentage in interpreting such an order.

14 ‘‘(3) In an action to enforce a child support order

15 or an order adjudicating parentage, the statute of limita16 tions under the laws of the forum State or the issuing

17 State, whichever is longer, shall apply.’’.

18 (b) CLERICAL AMENDMENT.—The chapter analysis

19 for such chapter is amended by inserting after the item

20 relating to section 1738A the following:

‘‘1738B. Full faith and credit to child support and parentage orders.’’.
24

•HR 5180 IH

1 SEC. 202. SERVICE OF PROCESS ON FEDERAL EMPLOYEES

2 AND MEMBERS OF THE ARMED SERVICES IN

3 CONNECTION WITH PROCEEDINGS RELATING

4 TO CHILD SUPPORT AND PARENTAGE OBLI5 GATIONS.

6 Part D of title IV of the Social Security Act (42

7 U.S.C. 651–670) is amended by inserting after section

8 460 the following:

9 ‘‘SEC. 460A. SERVICE OF PROCESS ON FEDERAL EMPLOY10 EES AND MEMBERS OF THE ARMED SERV11 ICES IN CONNECTION WITH PROCEEDINGS

12 RELATING TO CHILD SUPPORT AND PARENT13 AGE OBLIGATIONS.

14 ‘‘(a) IN GENERAL.—The head of each Government

15 agency shall, in accordance with applicable regulations

16 under subsection (b), designate an agent for receipt of

17 service of process, for any Federal employee or member

18 of the Armed Forces serving in or under such agency, in

19 connection with an action, brought in a court of competent

20 jurisdiction within any State, territory, or possession of

21 the United States, for obtaining a child support order or

22 for establishing parentage.

23 ‘‘(b) REGULATIONS.—Regulations governing the im24 plementation of this section with respect to the executive,

25 legislative, or judicial branch of the Government shall be

26 promulgated by the authority or authorities responsible
25

•HR 5180 IH

1 for promulgating regulations under section 461 with re2 spect to the branch of Government involved.

3 ‘‘(c) INTERPRETIVE RULE.—This section shall not be

4 construed to prevent any otherwise eligible individual from

5 requesting or being granted a stay or continuance in any

6 judicial proceeding, including under the Soldiers’ and Sail7 ors’ Civil Relief Act of 1940.

8 ‘‘(d) GOVERNMENT AGENCY DEFINED.—For pur9 poses of this section, the term ‘Government agency’ means

10 each agency of the Federal Government, including—

11 ‘‘(1) an Executive agency (as defined by section

12 105 of title 5, United States Code);

13 ‘‘(2) the Department of Defense, to the extent

14 that any Federal employee serving in or under that

15 agency or any member of the armed services is in16 volved;

17 ‘‘(3) the United States Postal Service and the

18 Postal Rate Commission;

19 ‘‘(4) the government of the District of Colum20 bia;

21 ‘‘(5) an agency within the legislative or judicial

22 branch of the Government; and

23 ‘‘(6) an advisory committee to which the Fed24 eral Advisory Committee Act applies.’’.
26

•HR 5180 IH

1 SEC. 203. PRESUMED ADDRESS OF OBLIGOR AND OBLIGEE.

2 Section 466(a) of the Social Security Act (42 U.S.C.

3 666(a)), as amended by sections 102(c), 104, 105(b), and

4 107, and 108 of this Act, is amended by inserting after

5 paragraph (17) the following:

6 ‘‘(18) Procedures under which the State shall—

7 ‘‘(A) require the court or administrative

8 agency with authority to issue the final order in

9 a child support or parentage case to require

10 each party subject to the order to file with the

11 court or administrative agency, on or before the

12 date the order is issued—

13 ‘‘(i) the party’s residential address or

14 addresses;

15 ‘‘(ii) the party’s mailing address or

16 addresses;

17 ‘‘(iii) the party’s home telephone num18 ber or numbers;

19 ‘‘(iv) the party’s driver’s license num20 ber;

21 ‘‘(v) the party’s social security ac22 count number;

23 ‘‘(vi) the name of each employer of

24 the party;

25 ‘‘(vii) the addresses of each place of

26 employment of the party; and
27

•HR 5180 IH

1 ‘‘(viii) the party’s work telephone

2 number or numbers;

3 ‘‘(B) require the court or administrative

4 agency in any action related to child support to

5 presume, for the purpose of providing sufficient

6 notice (other than the initial notice in an action

7 to establish parentage or a child support order),

8 that the noncustodial parent resides at the last

9 residential address given by the noncustodial

10 parent to the court or agency, or a more recent

11 address provided in good faith by the parent

12 owed the support obligation; and

13 ‘‘(C) ensure that information concerning

14 the location of a custodial parent or a child of

15 the custodial parent is not released to a

16 noncustodial parent if a court order has been

17 issued against the noncustodial parent for the

18 physical protection of the custodial parent or

19 the child.’’.

20 SEC. 204. NOTICE TO CUSTODIAL PARENTS.

21 Section 454 of the Social Security Act (42 U.S.C.

22 654) is amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (23);
28

•HR 5180 IH

1 (2) by striking the period at the end of para2 graph (24) and inserting ‘‘; and’’; and

3 (3) by inserting after paragraph (24) the fol4 lowing:

5 ‘‘(25) provide that the agency administering the

6 plan—

7 ‘‘(A) shall make reasonable attempts to

8 provide timely notice to any individual owed

9 child support of any proceeding to establish,

10 modify, or enforce the support obligation;

11 ‘‘(B) shall not delay any such proceeding

12 solely due to the failure of the custodial parent

13 to appear; and

14 ‘‘(C) shall, within 14 days after the date

15 an order that establishes, modifies, or enforces

16 a child support obligation is issued, provide the

17 custodial parent of the child with a copy of the

18 order.’’.

19 SEC. 205. UNIFORM STATE RULES IN PARENTAGE AND

20 CHILD SUPPORT CASES.

21 Section 466(a) of the Social Security Act (42 U.S.C.

22 666(a)), as amended by sections 102(c), 104, 105(b), 107,

23 108, and 203 of this Act, is amended by inserting after

24 paragraph (18) the following:

25 ‘‘(19) Procedures under which, in the State—
29

•HR 5180 IH

1 ‘‘(A) a party may, in a single cause of ac2 tion, seek judicial determination of the parent3 age of a child and judicial establishment of a

4 child support order with respect to the child;

5 ‘‘(B) the venue for determination of par6 entage of a child shall be in the county of resi7 dence of the child;

8 ‘‘(C) a court or agency that issues a par9 entage or child support order shall have con10 tinuing and exclusive jurisdiction over the order

11 until the court or agency transfers such juris12 diction to the appropriate court or agency in

13 the county of residence of the child, or the par14 ties consent to be bound by another court or

15 agency in the State that has subject matter ju16 risdiction;

17 ‘‘(D) proceedings to enforce or modify of a

18 child support order may be transferred to the

19 city, county, or district in which the child re20 sides without any requirement that the order be

21 filed or the defendant be served again;

22 ‘‘(E) a court or agency that hears a par23 entage or child support cases shall have state24 wide jurisdiction over the parties to the case,

25 and the parentage and child support orders is-
30

•HR 5180 IH

1 sued by the court or agency shall have state2 wide effect for enforcement purposes; and

3 ‘‘(F) denial of visitation rights may not be

4 used as a defense in an action to enforce an ob5 ligation to provide child support and the failure

6 to provide child support may not be used as a

7 defense in an action to enforce visitation

8 rights.’’.

9 SEC. 206. FAIR CREDIT REPORTING ACT AMENDMENT.

10 Section 604 of the Consumer Credit Protection Act

11 (15 U.S.C. 1681b) is amended by adding at the end the

12 following:

13 ‘‘(4) To a State agency administering a State plan

14 under section 454 of the Social Security Act, for use to

15 establish or modify a child support award.’’.

16 SEC. 207. GUIDELINE PRINCIPLES.

17 Section 467 of the Social Security Act (42 U.S.C.

18 667) is amended by adding at the end the following:

19 ‘‘(d) The guidelines established pursuant to sub20 section (a) shall be based on, and applied in accordance

21 with, the following principles:

22 ‘‘(1) A change in the child support amount re23 sulting from the application of the guidelines since

24 the entry of the last support order is sufficient rea25 son for modification of a child support obligation
31

•HR 5180 IH

1 without the necessity of showing any other change in

2 circumstance. The State may set a minimum time3 frame between reviews of modifications based on the

4 guidelines, absent other changes in circumstances.

5 ‘‘(2) Not later than 1995, each State shall es6 tablish automatic child support order review proce7 dures based on the automated calculation of the

8 amount of support to which a child is entitled, to en9 sure that the amount is sufficient to meet the needs

10 of the child, and takes into account any changes in

11 the income of the parents of the child.

12 ‘‘(3) The State shall advise any custodial parent

13 who is not receiving aid under a State plan approved

14 under part A of the review of a child support award

15 made with respect to a child of the custodial parent,

16 of any proposed modification in the amount of the

17 award based on the review, and of the right of the

18 custodial parent to decline to seek the modification.

19 ‘‘(e) The guidelines established pursuant to sub20 section (a) may consider the treatment of the following:

21 ‘‘(1) Work-related or job-training-related child

22 care expenses of either parent for the care of chil23 dren of either parent.

24 ‘‘(2) Health insurance and related uninsured

25 health care expenses, and school expenses incurred
32

•HR 5180 IH

1 on behalf of the child for whom the child support

2 order is sought.

3 ‘‘(3) Multiple family child raising obligations

4 other than those for the child for whom the child

5 support order is sought.

6 ‘‘(f) Each State must publish the guidelines estab7 lished pursuant to subsection (a).’’.

8 SEC. 208. UIFSA ENDORSEMENT.

9 Section 466 of the Social Security Act (42 U.S.C.

10 666) is amended by adding at the end the following new

11 subsection:

12 ‘‘(f) In order to satisfy section 454(20)(A), each

13 State must have in effect laws which adopt without mate14 rial change the officially approved version of the Uniform

15 Interstate Family Support Act adopted by the National

16 Conference of Commissioners on Uniform State Laws and

17 approved by the American Bar Association House of Dele18 gates on February 9, 1993.’’.

19 SEC. 209. UNIFORM TERMS IN ORDERS.

20 Section 452(a) of the Social Security Act (42 U.S.C.

21 652(a)) is amended—

22 (1) in paragraph (9), by striking ‘‘and’’ after

23 the semicolon;
33

•HR 5180 IH

1 (2) in paragraph (10), by striking the period at

2 the end of the 2nd sentence and inserting ‘‘; and’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(11) not later than 12 months after the date

6 of the enactment of this paragraph, develop, in con7 junction with State executive and judicial organiza8 tions, a uniform abstract of a child support order,

9 for use by all State courts to record, with respect to

10 each child support order in the child support order

11 registry established under section 466(a)(12)—

12 ‘‘(A) the date support payments are to

13 begin under the order;

14 ‘‘(B) the circumstances upon which sup15 port payments are to end under the order;

16 ‘‘(C) the amount of child support payable

17 pursuant to the order expressed as a sum cer18 tain to be paid on a monthly basis, arrearages

19 expressed as a sum certain as of a certain date,

20 and any payback schedule for the arrearages;

21 ‘‘(D) whether the order awards support in

22 a lump sum (nonallocated) or per child;

23 ‘‘(E) if the award is in a lump sum, the

24 event causing a change in the support award

25 and the amount of any change;
34

•HR 5180 IH

1 ‘‘(F) other expenses covered by the order;

2 ‘‘(G) the names of the parents subject to

3 the order;

4 ‘‘(H) the social security account numbers

5 of the parents;

6 ‘‘(I) the name, date of birth, and social se7 curity account number (if any) of each child

8 covered by the order;

9 ‘‘(J) the identification (FIPS code, name,

10 and address) of the court that issued the order;

11 ‘‘(K) any information on health care sup12 port required by the order; and

13 ‘‘(L) the party to contact if additional in14 formation is obtained.’’.

15 TITLE III—COST SHARING AND

16 COLLECTIONS DISBURSEMENTS

17 SEC. 301. NEW SYSTEM FOR DETERMINING COST SHARING

18 AND DISBURSEMENT OF COLLECTED CHILD

19 SUPPORT.

20 (a) STATE PLAN REQUIREMENT.—Section 454 of the

21 Social Security Act (42 U.S.C. 654) is amended—

22 (1) by striking ‘‘and’’ at the end of paragraph

23 (23);

24 (2) by striking the period at the end of para25 graph (24) and inserting ‘‘; and’’; and
35

•HR 5180 IH

1 (3) by inserting after paragraph (24) the fol2 lowing:

3 ‘‘(25) provide that the State shall make pay4 ments to the Secretary in accordance with section

5 455.’’.

6 (b) PAYMENTS BY STATES WITH RESPECT TO COL7 LECTIONS REGARDING CHILDREN RECEIVING AID TO

8 FAMILIES WITH DEPENDENT CHILDREN.—Section 455

9 of such Act (42 U.S.C. 655) is amended to read as follows:

10 ‘‘SEC. 455. PAYMENTS BY STATES.

11 ‘‘(a) IN GENERAL.—Each State with a plan approved

12 under this part for a fiscal year shall pay to the Secretary

13 for the year an amount equal to the adjusted AFDC per14 centage of the net AFDC child support collections of the

15 State during the year.

16 ‘‘(b) DEFINITIONS.—As used in this section:

17 ‘‘(1) ADJUSTED AFDC PERCENTAGE.—The term

18 ‘adjusted AFDC percentage’ means, with respect to

19 a State and a fiscal year—

20 ‘‘(A) the AFDC percentage of the State

21 for the fiscal year; minus

22 ‘‘(B) the number of percentage points (if

23 any) by which the State performance percent24 age exceeds the performance standard for the

25 fiscal year.
36

•HR 5180 IH

1 ‘‘(2) AFDC PERCENTAGE.—The term ‘AFDC

2 percentage’ means, with respect to a State and a fis3 cal year—

4 ‘‘(A) if the State has exercised the option

5 provided for in section 1118, the Federal medi6 cal assistance percentage referred to in such

7 section; or

8 ‘‘(B) if the State has not exercised the op9 tion—

10 ‘‘(i) the Federal percentage (as de11 fined in section 1101(a)(8)), in the case of

12 any State other than Puerto Rico, the Vir13 gin Islands, Guam, or American Samoa; or

14 ‘‘(ii) 50 percent, in the case of Puerto

15 Rico, the Virgin Islands, Guam, and Amer16 ican Samoa.

17 ‘‘(3) NET AFDC CHILD SUPPORT COLLEC18 TIONS.—The term ‘net AFDC child support collec19 tions’ means, with respect to a State and a fiscal

20 year—

21 ‘‘(A) the total amount of child support (in22 cluding past-due support) collected by the State

23 during the fiscal year with respect to children

24 receiving aid under the State plan approved

25 under part A; minus
37

•HR 5180 IH

1 ‘‘(B) the total amount expended by the

2 State during the fiscal year with respect to the

3 collection of child support for such children, in4 cluding any amount distributed by the State

5 during the fiscal year pursuant to section

6 457(b)(1).

7 ‘‘(4) PERFORMANCE STANDARD.—

8 ‘‘(A) IN GENERAL.—The term ‘perform9 ance standard’ means 30 percent.

10 ‘‘(B) LIMITED AUTHORITY TO CHANGE

11 PERFORMANCE STANDARD.—The Secretary

12 shall annually review the performance standard

13 in effect under this section and determine

14 whether the standard is appropriate in achiev15 ing the purposes of this title, and may increase

16 or decrease the performance standard in effect

17 for the fiscal year to not more than 40 percent

18 and not less than 20 percent, as the Secretary

19 deems appropriate.

20 ‘‘(5) STATE PERFORMANCE PERCENTAGE.—The

21 term ‘State performance percentage’ means, with re22 spect to a State and a fiscal year—

23 ‘‘(A) the net AFDC child support collec24 tions of the State during the fiscal year; divided

25 by
38

•HR 5180 IH

1 ‘‘(B) the sum of—

2 ‘‘(i) the total amount of child support

3 (excluding past-due support) payable dur4 ing the fiscal year with respect to children

5 receiving aid under the State plan ap6 proved under part A; and

7 ‘‘(ii) the total amount of past-due

8 child support collected during the fiscal

9 year with respect to such children.’’.

10 (c) PAYMENTS TO STATES WITH RESPECT TO CHIL11 DREN WHO ARE NOT ELIGIBLE FOR AID TO FAMILIES

12 WITH DEPENDENT CHILDREN.—Section 458 of such Act

13 (42 U.S.C. 658) is amended to read as follows:

14 ‘‘SEC. 458. PAYMENTS TO STATES.

15 ‘‘(a) IN GENERAL.—From the sums appropriated

16 therefor, the Secretary shall pay to each State for each

17 calendar quarter an amount equal to the adjusted AFDC

18 percentage of the qualified collection costs of the State for

19 the quarter.

20 ‘‘(b) DEFINITIONS.—As used in this section:

21 ‘‘(1) ADJUSTED AFDC PERCENTAGE.—The term

22 ‘adjusted AFDC percentage’ means, with respect to

23 a State and a quarter in a fiscal year—

24 ‘‘(A) the AFDC percentage of the State

25 for the fiscal year; plus
39

•HR 5180 IH

1 ‘‘(B) the number of percentage points (if

2 any) by which the State performance percent3 age for the immediately preceding fiscal year

4 exceeds the performance standard for such pre5 ceding fiscal year.

6 ‘‘(2) AFDC PERCENTAGE.—The term ‘AFDC

7 percentage’ means, with respect to a State and a

8 quarter in a fiscal year—

9 ‘‘(A) if the State has exercised the option

10 provided for in section 1118, the Federal medi11 cal assistance percentage referred to in such

12 section; or

13 ‘‘(B) if the State has not exercised the op14 tion—

15 ‘‘(i) the Federal percentage (as de16 fined in section 1101(a)(8)), in the case of

17 any State other than Puerto Rico, the Vir18 gin Islands, Guam, or American Samoa; or

19 ‘‘(ii) 50 percent, in the case of Puerto

20 Rico, the Virgin Islands, Guam, and Amer21 ican Samoa.

22 ‘‘(3) QUALIFIED NET COLLECTIONS.—The term

23 ‘qualified net collections’ means, with respect to a

24 State and a quarter in a fiscal year—
40

•HR 5180 IH

1 ‘‘(A) the total amount of child support (in2 cluding past-due support) collected by the State

3 during the fiscal year with respect to qualified

4 children; minus

5 ‘‘(B) the qualified collection costs of the

6 State during the fiscal year.

7 ‘‘(4) QUALIFIED COLLECTION COSTS.—The

8 term ‘qualified collection costs’ means, with respect

9 to a State and a quarter in a fiscal year, the total

10 amount expended by the State during the fiscal year

11 with respect to the collection of child support for

12 qualified children.

13 ‘‘(5) QUALIFIED CHILDREN.—The term ‘quali14 fied children’ means, with respect to a State, chil15 dren—

16 ‘‘(A) who are not receiving aid under the

17 State plan approved under part A;

18 ‘‘(B) whose family income does not exceed

19 200 percent of the poverty line; and

20 ‘‘(C) with respect to whom support is owed

21 pursuant to a child support order issued or

22 modified in the State.

23 ‘‘(6) PERFORMANCE STANDARD.—The term

24 ‘performance standard’ means, with respect to a

25 quarter in a fiscal year, 75 percent of the greatest
41

•HR 5180 IH

1 State performance percentage of any State for the

2 immediately preceding fiscal year.

3 ‘‘(7) POVERTY LINE.—The term ‘poverty line’

4 means the income official poverty line (as defined by

5 the Office of Management and Budget, and revised

6 annually in accordance with section 673(2) of the

7 Omnibus Budget Reconciliation Act of 1981) appli8 cable to a family of the size involved.

9 ‘‘(8) STATE PERFORMANCE PERCENTAGE.—The

10 term ‘State performance percentage’ means, with re11 spect to a State and a quarter in a fiscal year—

12 ‘‘(A) the qualified net collections of the

13 State during the fiscal year; divided by

14 ‘‘(B) the sum of—

15 ‘‘(i) the total amount of child support

16 (excluding past-due support) payable dur17 ing the fiscal year with respect to qualified

18 children; and

19 ‘‘(ii) the total amount of past-due

20 child support collected during the fiscal

21 year with respect to such children.

22 ‘‘(c) ESTIMATED PAYMENTS.—

23 ‘‘(1) ESTIMATE REQUIRED.—

24 ‘‘(A) IN GENERAL.—Before the beginning

25 of each quarter, the Secretary shall estimate
42

•HR 5180 IH

1 the amount to which each State will be entitled

2 under subsection (a) for the quarter.

3 ‘‘(B) CONTENTS OF ESTIMATE.—The esti4 mate shall be based on—

5 ‘‘(i) a report filed by the State that

6 contains—

7 ‘‘(I) an estimate by the State of

8 the total sum to be expended by the

9 State in the quarter in accordance

10 with subsection (a);

11 ‘‘(II) a statement of the amount

12 appropriated or made available by the

13 State and the political subdivisions of

14 the State for such expenditures in the

15 quarter; and

16 ‘‘(III) if the amount referred to

17 in clause (ii) is less than the State’s

18 proportionate share of the total sum

19 of such estimated expenditures, the

20 source of sources from which the

21 State expects the difference to be de22 rived; and

23 ‘‘(ii) such other investigation as the

24 Secretary may find necessary.
43

•HR 5180 IH

1 ‘‘(2) AMOUNT OF PAYMENT.—After making the

2 estimate required by paragraph (1) of this sub3 section with respect to a State for a quarter, the

4 Secretary shall, subject to subsection (d), pay to the

5 State, in such installments as the Secretary may de6 termine, the amount so estimated, reduced or in7 creased to the extent of any overpayment or

8 underpayment which the Secretary determines was

9 made under this section to the State for any prior

10 quarter and with respect to which adjustment has

11 not been made under this subsection.

12 ‘‘(3) SPECIAL RULES FOR LAST 3 QUARTERS OF

13 FISCAL YEAR 1996.—The Secretary shall, subject to

14 subsection (d), pay to the State, for each of the 2nd,

15 3rd, and 4th quarters of fiscal year 1996, an

16 amount equal to 60 percent of the total amount paid

17 to the State under this part (as in effect imme18 diately before the enactment of this section) with re19 spect to qualified children for the corresponding

20 quarter of fiscal year 1995, reduced or increased to

21 the extent of any overpayment or underpayment

22 which the Secretary determines was made under this

23 section to the State for any prior quarter and with

24 respect to which adjustment has not been made

25 under this subsection.
44

•HR 5180 IH

1 ‘‘(d) REPORTS REQUIRED.—Notwithstanding any

2 other provision of law, no amount shall be paid to any

3 State under this section for any quarter, before the close

4 of the quarter, unless the State has submitted to the Sec5 retary, with respect to each prior quarter (other than the

6 last 2 quarters) for which payment is authorized to be

7 made to the State under subsection (a), a full and com8 plete report (in such form and manner and containing

9 such information as the Secretary shall prescribe or re10 quire) on the amount of child support collected and dis11 bursed by the State and all expenditures by the State with

12 respect to which payment is authorized under subsection

13 (a).’’.

14 (c) CONFORMING AMENDMENT.—Section 457(b)(2)

15 of such Act (42 U.S.C. 657(b)(2)) is amended by striking

16 ‘‘to the extent of its participation in the financing’’ and

17 inserting ‘‘pursuant to section 455(a)’’.

18 SEC. 302. PROVISION OF CHILD SUPPORT ENFORCEMENT

19 SERVICES TO FAMILIES WHOSE INCOME EX20 CEEDS 200 PERCENT OF THE POVERTY LINE.

21 (a) STATE OPTION TO PROVIDE SERVICES.—Section

22 454(6)(A) of the Social Security Act (42 U.S.C.

23 654(6)(A)) is amended by inserting ‘‘whose family income

24 does not exceed 200 percent of the poverty line (as deter25 mined under section 652 of the Omnibus Budget Rec-
45

•HR 5180 IH

1 onciliation Act of 1981), and, at the option of the State,

2 to any individual not otherwise eligible for such services

3 who family income exceeds 200 percent of the poverty

4 line,’’ before ‘‘upon application’’.

5 (b) STATE OPTION TO IMPOSE INCREASED FEE FOR

6 SERVICES.—Section 454(6)(B)(i) of the Social Security

7 Act (42 U.S.C. 654(6)(B)(i)) is amended by inserting ‘‘for

8 individuals whose family income does not exceed 200 per9 cent of the poverty line, or (if the State elects to impose

10 a higher fee for services provided to individuals whose

11 family income does not exceed 200 percent of the poverty

12 line) such greater amount as the State may establish for

13 individuals whose family income does not exceed 200 per14 cent of the poverty line,’’ after ‘‘$25’’.

15 TITLE IV—ACCOUNTING AND

16 REVIEWS

17 SEC. 401. ACCOUNTING.

18 The Secretary of Health and Human Services, in con19 sultation with the Comptroller General of the United

20 States, shall develop guidelines to be used in accounting

21 for costs for purposes of sections 455 and 458 of the So22 cial Security Act, which shall provide for the costs de23 scribed in such section 455 to be accounted for separately

24 from the costs described in such section 458.
46

•HR 5180 IH

1 SEC. 402. REVIEWS.

2 (a) REVIEW.—The Comptroller General of the United

3 States shall conduct a review of—

4 (1) the system for reviewing the activities of

5 States pursuant to part D of title IV of the Social

6 Security Act;

7 (2) the information reporting requirements im8 posed on States under such part.

9 (b) REPORT TO THE CONGRESS.—The Comptroller

10 General shall submit to the Secretary of Health and

11 Human Services a report that contains recommendations

12 on how to improve and simplify the matters described in

13 subsection (a).

14 TITLE V—EFFECTIVE DATE

15 SEC. 501. EFFECTIVE DATE.

16 This Act and the amendments made by this Act shall

17 take effect on January 1, 1996.

Æ

HR 5180 IH——2

HR 5180 IH——3

HR 5180 IH——4